EB-1 Priority Workers: Multinational Executives and Managers
  • Employer - Required
  • Labor Certification - Not required
This category is also referred to as E13 category.

Some executives or managers of multinational companies who are transferred to the U.S. may qualify for this classification. There are strict definitions of executives and managers. These executives and high-level managers must be responsible for directing the company or an important department or component of the company.

Documents
Petition must be filed with the following documentation:
  • If the worker is now employed outside the U.S., that he/she has been employed outside the U.S. for at least 1 year in the past 3 years in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate; or, if the worker is already employed in the U.S., that he/she was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a nonimmigrant in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate.

    The employee may already be in the U.S. in a non-immigrant visa status such as the L-1A visa or one of the E visa classifications.

  • The prospective employer in the U.S. is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien as employed abroad.

  • The prospective U.S. employer has been doing business for at least 1 year.

  • The alien is to be employed in the U.S. in a managerial or executive capacity. A description of the duties to be performed should be included.

Procedure